Storage Rooms May Be 'De Minimis'

LVT Number: 11622

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented landlord.) Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and found that landlord didn't maintain storage rooms, benches, playgrounds, and a laundromat at the building complex. Landlord appealed, claiming that these items weren't required base date services. The DHCR ruled that the DRA hadn't properly investigated the facts before finding that these were required services. The DHCR sent the case back for further consideration.

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented landlord.) Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and found that landlord didn't maintain storage rooms, benches, playgrounds, and a laundromat at the building complex. Landlord appealed, claiming that these items weren't required base date services. The DHCR ruled that the DRA hadn't properly investigated the facts before finding that these were required services. The DHCR sent the case back for further consideration. The DRA was specifically instructed to determine whether storage rooms were ``de minimus'' even if they had been provided to tenants at some point.

Gold Seal Apt. Co.: DHCR Adm. Rev. Dckt. No. IG130254RO (2/13/97) [3-page document]

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